People v. Trujillo

BERMAN, Judge.

Defendant appeals jury-trial convictions of second degree burglary of a dwelling and second degree burglary of a building. We reverse and remand for a new trial.

Evidence adduced at trial showed that on August 2,1976, defendant, then 17 years of age, knocked on the door of a residential duplex in Greeley, Colorado, and, receiving no answer, entered by crawling through a window. A neighbor observed this and alerted the police. They proceeded to the duplex, found defendant inside, and placed him under arrest.

At trial, a defense theory was that no crime had been committed because…